ANTONIO GELUZ v. THE HON. CA and OSCAR LAZO G.R. No.

L-16439 |En Banc | July 20, 1961 | REYES, J.B.L. NATURE: This petition for certiorari brings up for review question whether the husband of a woman, who voluntarily procured her abortion, could recover damages from physician who caused the same. FACTS: Oscar Lazo, is the husband of Nita Villanueva. Antonio Geluz is the physician. -Nita aborted 3 of her pregnancies all operations were conducted by Geluz: 1. Before marriage; to conceal pregnancy from her parent. 2. After her marriage; W was employed in the COMELEC and her pregnancy proved to be inconvenient. 3. Two years later; H was at this time in the province of Cagayan, campaigning. - He claims that he did not know of, nor gave his consent, to the abortion. -It is the third and last abortion that constitutes plaintiff's basis in filing this action and award of damages. -CA and the TC - e award of damages in the sum of P3,000.06 upon the provisions of the initial paragraph of Art. 2206, NCC: damages for death caused by a crime or quasi-delict. ISSUE: WON the husband of a woman, who voluntarily procured her abortion, could recover damages from physician who caused the same. HELD: NO. TC, CA reversed. RATIO: - CIVIL PERSONALITY OF THE UNBORN: TC, CA erred Said Art., in fixing a minimum award of P3,000.00 for the death of a person, does not cover the case of an unborn foetus that is not endowed with personality. - An action for pecuniary damages on account of personal injury or death pertains primarily to the one injured. If no action for such damages could be instituted on behalf of the unborn child on account of the injuries it received, no such right of action could derivatively accrue to its parents or heirs. - Even if a cause of action did accrue on behalf of the unborn child, the same was extinguished by its pre-natal death, since no transmission to anyone can take place from on that lacked juridical personality. (or juridical capacity as distinguished from capacity to act). - They cannot invoke the provisional personality of a conceived child under Art. 40, NCC w/c expressly limits such provisional personality by the condition that the child should be subsequently born alive: "provided it be born later with the condition specified in the following Art.". SC said because it is dead when separated from the mothers womb. (abortion nga e) DAMAGES: This does not bar them from claiming damages. - But it must be those inflicted directly upon them, as distinguished from the injury or violation of the rights of the deceased, his right to life and physical integrity. - TC and the CA have not found any basis for an award of moral damages, evidently because the appellee's indifference to the previous abortions of his wife. - TC factual findings: H aware of the second abortion; also probable that he was aware of the first. But he tool no steps to investigate or pinpoint its causes. He did not even file administrative and criminal cases against the appellant. SC concluded that H was only after obtaining money from the doctor.